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Sponsors: Reps. Allen, Weeks, R. Brown, Breeland, Hodges and J.H. Neal
Document Path: l:\council\bills\ms\7053ahb06.doc
Introduced in the House on February 16, 2006
Currently residing in the House Committee on Judiciary
Summary: Methamphetamine or cocaine base
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/16/2006 House Introduced and read first time HJ-6 2/16/2006 House Referred to Committee on Judiciary HJ-7
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VERSIONS OF THIS BILL
TO AMEND SECTION 44-53-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POSSESSION, MANUFACTURE, AND TRAFFICKING IN METHAMPHETAMINE AND COCAINE BASE, SO AS TO DELETE THE PROHIBITION ON SUSPENDING SENTENCES AND GRANTING PROBATION FOR SECOND AND SUBSEQUENT OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-375(F) of the 1976 Code, as last amended by Act 127 of 2005, is further amended to read:
Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under pursuant to the provisions of this subsection section to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release as provided in Section 24-13-610, or supervised furlough as provided in Section 24-13-710."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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